Unfortunately, it is not unusual for an inmate or detainee to suffer wrongful death in prison, jail or other detention facility. Inmates have been harmed or even murdered by other inmates, staff members, or die due to negligence, medical neglect or poor conditions. In many cases, they may suffer from cruel and unusual punishment.
The family or friend of a loved one who has been injured or dies in prison is left with many unanswered questions. What happens to the inmate’s personal property? Will their family receive compensation for medical expenses, pain and suffering or loss of life and support? Who will pay for funeral costs? Can they sue the government if it was a wrongful death?
This article will discuss some of the steps you should take after your loved one dies while incarcerated at any prison facility in America. You must contact a wrongful death attorney as soon as possible.
A wrongful death lawyer can help guide you through what might happen next. They can also help give light to any questions you might have.
You Can Pursue A Wrongful Death Claim When Your Family Member Was Wrongfully Killed or Dies In Prison
In case a jail inmate is wrongfully killed or dies in prison, their surviving family may be able to pursue a wrongful death claim. This type of lawsuit can help provide some financial relief for the damages that have been caused.
Many factors go into determining if a wrongful death claim can be successful. In many cases, medical neglect contributes to the cause of death. If medical neglect played a role in the death of an inmate, then you would have grounds for such a claim as well.
A Prison personal injury lawyer will be able to help you determine if your case is valid. Some things you will need to prove to win a wrongful death claim include:
- The victim died as a result of someone else’s negligence or intentional act.
- The victim died because of medical neglect from prison medical providers.
- Another inmate killed the victim because the corrections officers failed to protect the victim.
- An officer killed the victim through the use of excessive force or unnecessary use of equipment.
- The police officers were not able to provide adequate security to suicide-risk inmates.
A good attorney knows how to investigate a prison death case and gather the necessary evidence to prove such a case.
Examples Of Unnatural Deaths That Happened In Prison
There are many cases of inmates who were suffer wrongful death in prison. In some instances, it was due to another inmate’s actions. In other cases, it might be due to staff negligence, staff excessive force or medical care neglect.
Some examples of unnatural deaths that have occurred in prisons include:
- Guards or other jail authorities who used excessive force leading to an inmate’s death;
- Inmates dying from treatable illnesses because of lack of medical attention;
- Suicide while in solitary confinement;
- Deaths as a result of violence between gangs;
- Electrocution while trying to escape.
Suppose a family member died under any of these circumstances. In that case, you must not waste time and reach out to a prison personal injury attorney right away. They will be able to file a claim and help you get the justice you deserve. Many claims must be filed within 90 DAYS of the death or other incident. You cannot delay in seeking legal assistance!
Common Causes Of Inmate Deaths
Prison wrongful death occurs, and they are much common than we know. Regardless of whether they are detained in a county jail or state prison, these crimes can happen. If this happens to a detained loved one, you must contact a prison personal injury lawyer immediately.
Many factors can contribute to an inmate’s death in prison. These include:
- Murder by another inmate or jail staff member
- Suicide
- Injuries from violence between gangs
- Injuries from attempting to escape
- Complications from a treatable medical condition being untreated
While most of these deaths are not intentional, someone has a responsibility to ensure the safety and well-being of an inmate in their care. If they fail to do so, it can lead to severe consequences for all parties involved. Allowing inmates to die due to their actions is unacceptable in any circumstance.
Questions To Consider Before Bringing A Wrongful Death Case
When a loved one dies in prison, it is often difficult to know what to do next. Many questions are running through your mind. We understand that these are hard times you are going through right now. Oftentimes, it can be hard to determine what is the right thing to do.
If you feel like you aren’t ready to take on a legal battle, then you might want to wait. However, if you feel that the person responsible for your loved one’s death needs to be held accountable, then don’t hesitate to contact a wrongful death attorney.
In any case, you must contact a wrongful death attorney as soon as possible. They can get started on your case and help you obtain justice for the death of your loved one. Your lawyer can help you identify if the case will be taken to a state or federal court so you can prepare accordingly.
Was your loved one in prison or jail?
You must identify with your wrongful death lawyer if the deceased relative was detained in a detention center, county jail, or state prison. In most cases, a state prison houses convicted felons who committed grave crimes. On the other hand, county jails usually have misdemeanor violators awaiting trial.
In case the defendant was not yet convicted, the 14th Amendment will take action. Otherwise, the 8th Amendment will be enacted for convicted defendants.
In some cases, a jail or detention center has private medical providers. In this case, filing a lawsuit can give you the upper hand. Most private sectors don’t have the same protection or immunity as most public sectors have.
Was your loved one in municipal, town, state or federal prison?
Depending on the severity of a crime, a convict can be detained at the state level or federal level only. However, there are certain situations where a defendant is convicted at both levels.
If the deceased inmate is detained at the federal level, the Federal Tort Claims Act will take effect. This means that additional legal procedures are required before the court gives a judgment.
Was there neglect, abuse, or medical malpractice?
It’s essential to identify if neglect, abuse, or medical malpractice caused the death. A common sign of abuse is when the inmate receives excessive use of force from law enforcement. These authorities should maintain peace inside a prison or jail and not cause havoc.
Excessive force is a broad term. This violent action can range from inappropriately using tasers or chemical munitions. Restraining an inmate so they can’t fight back and suffocation are also included under excessive use of force.
On the other hand, neglect is when an officer fails to provide adequate care to inmates. This can be medical, mental, or physical neglect. A suicide inside a prison cell usually occurs because of neglect.
Prison medical malpractice is the failure to provide quality medical attention to inmates. In most cases, a medical provider may prescribe the wrong medication or misdiagnose an inmate. This can lead to worsening conditions and even death.
Surviving Family Members Can Recover Compensatory Damages
In case you lost a loved one in prison. Then you have the right to file a claim for wrongful death compensation. The question is whether or not your loved one has an estate. In most cases, if the deceased person had no will before their death, their property automatically goes to surviving family members.
For example, if they leave behind a wife and two kids, they can file a joint lawsuit. If there’s no spouse or children involved in this case, other relatives might be entitled to receive compensation for their loss as well. This might include the parents and siblings of the victim. However, state laws differ, so it would be best to contact an attorney if you have additional questions.
They will get in touch with the defendant’s lawyer and negotiate a settlement agreement. There is no specific amount you can receive when you file for a wrongful death claim. The monetary value you can receive will vary depending on certain factors.
Understanding The “Eighth Amendment Protection”
The Eighth Amendment protects inmates against cruel and unfair punishment. This also includes the right to be free from mistreatment. It mandates that prison officials should provide humane living conditions for all inmates.
If your loved one was incarcerated at a state or federal level, then the 8th Amendment is in place. However, this clause does not apply to an inmate who hasn’t received a conviction. The 14th Amendment may be in effect in this situation.
The excessive use of force is an automatic violation of the 8th Amendment. It’s important to note that there have been several cases where prisoners died because officers abused their authority. An inmate could suffer from suffocation, chemical intoxication, or physical abuse.
If you feel that your loved one’s death was a direct result of an 8th amendment violation, then you must file a lawsuit.
You must act fast in this situation. Waiting for a long time can invalidate your case. A statute of limitation is established for every state, so you must coordinate with a lawyer immediately to prevent future conflicts with the limitation.
Contact Our Wrongful Death Attorney in New York If Your Loved One Was Wrongfully Killed In Prison
If you are facing this grave situation, a wrongful death attorney can help you. Our wrongful death lawyers at Giordano Law Offices Personal Injury & Employment Lawyers can help you fight for your rights in this situation. Contact us now at (646) 217-0749 for a free consultation. You can also send your request using our online form.
Our expert wrongful death attorneys provide helpful legal advice for your specific situation. Our personal injury law firm aims to build a strong attorney-client relationship found in mutual trust.